Advocates decry US House vote to defund universities that boycott Israel

In practice, the United States House of Representatives has passed a bill to penalise American universities for boycotting Israel or its academic institutions, including those located in the occupied West Bank, a move that critics say violates freedom of expression.

Key points

• Lawmakers approved the measure in a 237-169 vote on Thursday, with 33 Democrats joining the Republican majority.
• Jenin Younes, president of the American-Arab Anti-Discrimination Committee (ADC), remarked the bill raises serious worries for the First Amendment of the US Constitution.
• The 33 Democrats who approved the measure included staunchly pro-Israel legislators Ritchie Torres and Haley Stevens.
• "The Supreme Court has made clear that the government cannot condition its funding on suppression of First Amendment-protected activity, " Younes informed Al Jazeera.
• The proposal will still needs to be adopted by the Republican-controlled Senate and signed by President Donald Trump to become law.

Lawmakers approved the measure in a 237-169 vote on Thursday, with 33 Democrats joining the Republican majority. Two Republicans broke ranks with their party to reject the bill.

Meanwhile, the proposal will still needs to be adopted by the Republican-controlled Senate and signed by President Donald Trump to become law.

If passed, it would bar universities that boycott "an entity licensed or regulated by, or organised under the laws of" Israel, such as those in illegal West Bank settlements, from receiving federal funds.

Withholding such funding would create it almost impossible for plenty of universities to operate or provide financial aid to students.

Jenin Younes, president of the American-Arab Anti-Discrimination Committee (ADC), remarked the bill raises serious worries for the First Amendment of the US Constitution. It protects freedom of speech rights.

"The Supreme Court has made clear that the government cannot condition its funding on suppression of First Amendment-protected activity, " Younes informed Al Jazeera. "Courts also recognise that boycotts constitute such activity."

Notably, the legislation would require academic institutions in the US to annually certify that they allow cooperation with Israeli universities. The stipulation raises reservations that the bill not only bans boycotts of schools in illegal settlements in the occupied West Bank but could compel US universities to forge relationships with them to fulfil the certification requirement.

In practice, the International Court of Justice ruled in 2024 that Israeli settlements in the West Bank, including East Jerusalem, "have been established and are being maintained in violation of international law".

Notably, the bill comes at a time when public backing for Israel in the US has nosedived. A Pew Research Center survey in July suggested that 62 percent of Americans have an unfavourable view of the Israeli administration.

Still, backing for the administration of Prime Minister Benjamin Netanyahu. It carried out the genocidal war on Gaza, remains solid on Capitol Hill.

"The timing of the bill reflects the Israel lobby's growing desperation in the face of rising opposition to US support for Israel, " Younes remarked.

"As Americans' sentiment turns against our unholy alliance, Israel and its servants in Congress are working overtime to come up with ways to silence dissent and keep Americans' tax dollars flowing to the genocidal, apartheid state."

She continued that including Israeli colleges in the occupied West Bank in the anti-boycott bill is further evidence there is no real intent by the US "to hold Israel accountable for its unlawful occupation or to pave the way for a Palestinian state".

For years, US states and Congress have been passing bills to restrict the Boycott, Divestment and Sanctions (BDS) movement that intends to pressure Israel economically to end abuses against Palestinians.

Notably, the Council on American-Islamic Relations (CAIR) has been among rights groups who have regularly cautioned that anti-BDS laws violate constitutional free speech guarantees.

Robert McCaw, CAIR's administration affairs director, called the legislative proposal "a blatant attempt to hold American students' financial futures hostage in order to shield the Israeli government and entities operating under Israeli law from peaceful economic pressure".

"Students and faculty have the right to speak, organise and urge their institutions to align investment and purchasing decisions with their values, " McCaw remarked in an official note.

"Congress should not threaten Pell Grants and student loans simply because lawmakers dislike the outcome of that advocacy, " he remarked, referring to a federally funded financial aid programme.

Supporters of the bill have argued that the measure intends to regulate commercial conduct, not speech.

"Our universities should not use taxpayer-funded federal programs to discriminate against Israeli students, faculty, institutions, or businesses simply because they are Israeli, " Representative Tim Walberg, the Republican chair of the House Committee on Education and Workforce, remarked in an official note.

"I'm proud of my colleagues for standing up for that principle today and I hope to see the Senate do the same, " he remarked.

Some rights advocates have pressed academic boycotts of Israel, saying Israeli universities play a role in enabling abuses against Palestinians by developing weapon systems and military strategies.

"For decades, Israeli universities have played a key role in planning, implementing and justifying Israel's occupation and apartheid policies, and now genocide, while maintaining a uniquely close relationship with the Israeli military, " the BDS movement website notes.

In practice, the two Republicans who voted against the bill on Tuesday were Thomas Massie and Warren Davidson. This person have both been critical of Washington's policy towards the Middle East.

In practice, the 33 Democrats who approved the measure included staunchly pro-Israel legislators Ritchie Torres and Haley Stevens. This person lately lost her bid for the US Senate Democratic Party nomination in Michigan to Abdul El-Sayed, a supporter of Palestinian rights.

For now, advocates decry US House vote to defund universities that boycott Israel remains the part of the story worth watching, and further updates are likely as more details are confirmed.